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Criminal Mischief in Belmar (N.J.S. 2C: 17-3)

Criminal mischief charges are written by Belmar police officers when there has been damage to the tangible property of another. This can include homes, motor vehicles and signs. Criminal mischief is only written as a disorderly persons offense when a person willingly or knowingly damages tangible property or if a person recklessly or negligently causes damage to property during the employment of a fire and the cost of the damage is less than $500. Criminal mischief can also be written when renters damage their rental property. This usually occurs in retaliation for eviction proceedings or some other dispute. Penalties, if convicted, usually include paying restitution for the cost of the damage, and additional fines.

A conviction for criminal mischief can be a disqualifying charge for a school teacher or school employee.

DWI, DUI and Refusal (N.J.S. 39: 4-50 and N.J.S. 39: 4-50.2)

DWI, DUI, and refusal, while not criminal, are extremely serious motor vehicle violationis with steep penalties including the possibility of jail time. Former Municipal Prosecutor Carmine R. Villani, has over 20 years of criminal experience as both a prosecutor and defense attorney. He is one of only a select few New Jersey attorneys who is Alcotest® certified. The State of New Jersey has mandated the use of the Alocotest® 7110 MKIII-C breath testing machine for all NJ police departments. Mr. Villani has been trained by the manufacturer, Draeger Safety Diagnostics, to operate the device and thus is intimately familiar with the complexity of the machine. This knowledge is extremely valuable in Defending drunk driving charges as the proper functioning of the device should always be scrutinized. If you have been pulled over for DWI or DUI, and the Alcotest® has taken a (BAC) reading of 0.08% or above, you will be charged with a per se violation. You could also be charged with a DWI or DUI even if there was no BAC test administered or the test determined a BAC below the statutory limit. If the officer testifies to observing any psychophysical impairment such as stumbling and staggering, he can write and the State may convict you of a first tier, first offense DWI or DUI. If you refuse to submit to a chemical test, you can also be charged with a per se violation. First offense DWI, DUI, and refusal charges carry steep penalties that may include:

First DWI Offense in Belmar

If BAC is 0.08% or higher but less than 0.10%

Forfeiture of license for up to 3 Months

Up to a $400.00 fine

12 to 48 hours of detainment as prescribed by the Intoxicated Driver Resource Center (IDRC)

Motor Vehicle Violations

In 2010, Belmar saw an estimated 645 motor vehicle violations. These can include but are not limited to: speeding, reckless driving, careless driving, failure to yield to traffic signs, failure to yield to pedestrians in a crosswalk, and illegal lane change. Motor vehicle violations can be costly in court fees and penalties as well as result in increased car insurance premiums. If you have been pulled over and charged with any motor vehicle offense in Belmar, call upon the experience of the New Jersey municipal court and criminal lawyers of Villani & DeLuca.

Summer House Parties Can Lead To Underage Drinking In Belmar

Underage Drinking (N.J.S. 2C:33-15)

Belmar has long been known as a great summer rental hot spot. Renters and full time residents alike enjoy the beaches and the nightlife. Many college students migrate to Belmar for the summers to escape their college campuses. Some renters who are not of legal age are eager to continue their social drinking throughout the summer perhaps not realizing that they are no longer on a college campus where the environment is more relaxed in terms of underage drinking. Belmar police officers will look for underage drinkers either at house parties, on the beach or boardwalk, and even at the bars. Often, police will respond to a noise complaint and find a group of underage drinkers on a porch or deck and will charge them with Underage Drinking in Belmar.

You Will Face Significant Penalties For Underage Drinking In Belmar

If you are caught underage drinking in Belmar, you will be charged with such and face disorderly persons offense penalties. Those penalties include a $500.00 fine, possible jail time, other fines and penalties, and possibly losing or postponing receipt of your drivers license for up to six months. Often, police may write you charges for underage drinking and for fake ID if you were found at a bar or liquor store and you used a fake ID to make your purchase. If written both, you face heavier fines and penalties for a conviction.

With Large Crowds and Traffic, Belmar Police Will See Disorderly Conduct

Belmar, this weekend, will host the 26th Annual Seafood Festival, which is sure to bring large crowds and possibly disorderly conduct. Anytime large crowds gather, Belmar police are on high alert. Disorderly conduct is a “catch all” charge that can be written to abate a lot of different types of behavior. In general, disorderly conduct is written in Belmar when there is a disturbance of the public peace. Disorderly conduct can mean, fighting, threatening, using loud and offensive behavior, and other disturbances. If you are charged with disorderly conduct in Belmar during the seafood festival, you may face a fine of $500.00, possible jail time, and fines and other penalties.

Heavy Traffic At Seafood Festival May Lead To Motor Vehicle Violations In Belmar

Due the amount of motor vehicle traffic, Belmar will most likely see an increase in traffic violations during the Seafood Festival. Police officers may write charges for failing to yield to a pedestrian, speeding, failure to observe traffic signs, and even careless or reckless driving. These are very common offenses and you may have the opportunity to mitigate the penalties of each in a court appearance. Many of the offenses come with drivers license points which can have an adverse effect on your car insurance premiums.

Call Villani & DeLuca If You Have Been Charged With Disorderly Conduct In Belmar

You do not have to plead guilty and pay a fine or worse if you have been charged with disorderly conduct or a motor vehicle violation. The attorneys of Villani & DeLuca often defend clients in Belmar Municipal Court. Call 732-456-6510 today for a free initial consultation.

Getting Caught With a Fake ID In Belmar Will Ruin Your Labor Day

Using a fake ID to buy alcohol or cigarettes is very common during holiday weekends at the Jersey Shore. While it is understandable that everyone wants to have fun this Labor Day weekend, you will face significant consequences if you are caught using a fake ID in Belmar. A “fake ID” includes a falsified driver’s license, birth certificate, or any other forged government document. If you are under the legal age, you may try to use a fake ID to gain entry into a Belmar bar, buy liquor for a party at the liquor store, or even buy a pack of cigarettes at a convenience store. All of these behaviors will lead to a disorderly persons offense in New Jersey, carrying at least a $500.00 fine, possible jail time and driver’s license suspension. Even worse, if you are buying alcohol or cigarettes for someone else underage, you could be in more serious trouble. There are enhanced penalties for physically tampering with or altering any of these government documents, raising the disorderly persons offense up to a third or fourth degree indictable offense.

Increased Patrol for Fake ID this Labor Day Weekend

The Division of Alcoholic Beverage Control (ABC) is on high alert for underage people in possession of alcohol this summer. The ABC has a Cops in Shops program in which local New Jersey police departments station undercover officers in and around liquor stores to catch underage purchasers and adults who attempt to provide alcohol to underage drinkers. The ABC has warned that they will be “relentless” in their efforts to combat underage drinking this summer. Think twice before you use a fake ID in shore towns like Belmar this Labor Day weekend.

Call an Experienced Criminal Defense Attorney for Help

If you have been charged with altering or using a fake ID in Belmar, call the experienced attorneys of Villani & DeLuca, P.C. at 732-965-3350 for a free initial consultation. Villani & DeLuca attorneys have handled many fake ID cases and will take the time to explain your charges and discuss possible defenses.

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